Los Angeles First National Trust & Savings Bank v. Superior Court

The last will and testament, together with a codicil thereto, of Annvernette M. Crombie, deceased, was admitted to probate by the superior court of Los Angeles County on February 18, 1926, Donald J. Frick and others being named therein as beneficiaries, and the petitioner in this proceeding being nominated and appointed executor. On September 8, 1926, one Linda Hill Burrell filed a petition for revocation of the will and codicil, which was set for hearing October 15, 1926, was continued to November 2, 1926, and thereafter permitted to go off calendar. No citation was issued thereon. On November 17, 1926, an amended petition for revocation of the will and codicil was filed, which was set for hearing on December 7, 1926, continued from time to time to February 4, 1927, and also went off calendar; hearing on the amended petition was reset for hearing on August 26, 1927, and again was removed from the calendar. On the date of the filing of the amended petition a citation issued, directed to all beneficiaries other than Frick, and to the bank, petitioner herein, but neither Frick nor the bank as executor was named therein. Neither the executor nor any of the beneficiaries had legal…